The divorce discovery process: what you need to know

On Behalf of | Oct 21, 2020 | Divorce & Legal Separation |

In California and throughout the country, when a couple goes through a divorce, they will undergo the process of exchanging information related to financial, personal and economic situations. Much of the information shared will also hold records of debt owed and the amount of ownership they have on assets such as the home. This process is called the discovery process. When the information has been shared, both parties, along with their attorneys, will work on an agreement for how to divide assets and other issues.

Production of documents

At any point in the divorce process, your ex-spouse’s attorney could ask for the production of documents. This involves anything dealing with marital income, housing and other assets you may have. Essentially, each party can ask for these documents if they relate even just a little to the divorce. The information obtained will be used by a family law attorney to determine child custody or asset division.

Requesting interrogatories

When one party wants to ask questions regarding the other’s demands, they want to ensure that the demands line up with facts. The questions can be presented in printed form and used for what are called “special” interrogatories. Some of the most common questions include those regarding the relationship with their children or earned income.

If you don’t deem a question to be fair, you may be able to object to the question. This type of request is powerful for someone to use in a case as it places people in a tough spot where they could admit fault for certain items.


When people talk about depositions, they are talking about sworn statements being made after answering questions from an attorney. An attorney will often use a practice deposition to determine how a specific witness will perform during the real trial. If you’re being deposed, there are two very important things to keep in mind. One includes never speculating or guessing your answers. The second involves avoiding over-explaining your answers because you don’t want to give more information than you are being asked.

The discovery process may seem simple, but you should never go at it alone when it comes to legal issues. You may want to seek the help of an experienced attorney to guide you through the process.